Return of non-defective goods

As sales contracts are concluded exclusively between businesses, KEMIŚ Customers are not entitled to the consumer right to withdraw from the contract within 14 days, subject to exceptions arising from mandatory provisions of law.

Please place Orders carefully and check the type, quantity and specifications of the Products before confirming an Order.

Complaints

The fact that non-defective goods cannot be returned does not exclude the right to submit a complaint concerning, in particular:

• a damaged Product,
• missing items in the shipment,
• receipt of a Product other than the one ordered,
• the contents of the shipment being inconsistent with the Order.

Complaints are accepted through the complaint form available after logging in to the Customer Panel, subject to any other submission methods required by mandatory provisions of law.

A complaint should include:

• the invoice number or Order number,
• the catalogue number of the Product concerned,
• the number of units concerned,
• a description of the damage, shortage or non-conformity identified,
• photographs documenting the reported issue,
• photographs of the shipment packaging if the complaint concerns damage caused during transport.

Deadline for submitting a complaint

The Customer should inspect the condition of the shipment and verify its conformity with the Order immediately upon receipt.

Complaints concerning mechanical damage to Products, shortages or discrepancies between the shipment and the Order must be submitted immediately, no later than 48 hours after receipt of the shipment.

If the shipment is visibly damaged during transport, the Customer should draw up a damage report in the courier’s presence and attach it to the complaint.

Complaints submitted after 48 hours may not be considered unless mandatory provisions of law provide otherwise.

Time for considering a complaint

A properly submitted and complete complaint will be considered within no more than 10 business days of its receipt.

If additional information, photographs or documents are required, the period for considering the complaint will run from the date on which the complete submission is received, unless mandatory provisions of law provide otherwise.

Resolution of a complaint

If a complaint is accepted, KEMIŚ will inform the Customer of the selected method of resolution. Depending on the type and circumstances of the complaint, this may include:

• supplying the missing quantity of Products,
• replacing the Product concerned,
• an appropriate price reduction,
• issuing a corrective invoice,
• refunding all or an appropriate part of the price paid.

The method of resolving the complaint will be communicated to the Customer after the verification has been completed.

Returning a Product under complaint

The Customer should not return a Product without first agreeing this with KEMIŚ.

If a return is necessary, KEMIŚ will provide the return address, shipping method and other instructions. Shipments sent without prior agreement, cash on delivery or at KEMIŚ’s expense may be refused.

If the complaint is accepted, KEMIŚ will bear the reasonable cost of returning the Product, provided that the shipping method has been approved by KEMIŚ in advance.

If the complaint is rejected or the returned Product is found to conform to the Order and to be free from the reported issue, the Customer will bear the outward and return shipping costs, unless mandatory provisions of law provide otherwise.

Refunds

If an accepted complaint results in a refund, the refund will be made within 14 calendar days of the Customer being informed that the complaint has been accepted.

If KEMIŚ requires the Product to be returned first, the refund period will run from the date on which the Product is received or proof of dispatch is provided, whichever occurs first.

The refund will be made using the same payment method used for the Order unless the Parties agree otherwise. The Customer will not incur any additional fees in connection with a refund due.

Exclusion of statutory warranty in B2B sales

In accordance with the Terms and Conditions of Purchase and pursuant to Article 558 § 1 of the Polish Civil Code, KEMIŚ’s liability under the statutory warranty for physical and legal defects in Products is excluded in full to the extent legally permitted.

KEMIŚ concludes contracts exclusively with businesses making purchases in connection with their business activity. However, the professional nature of a particular contract is assessed in the light of the actual subject matter and circumstances of the purchase and the Customer’s business activity disclosed in the CEIDG register.

Basis of the applicable rules

This page summarises the principal rules governing returns, complaints and refunds. The full conditions of sale are set out in the KEMIŚ Terms and Conditions of Purchase.